竞争中立视野下国有企业法律治理研究

Research on Legal Governance of State-owned Enterprise from the Perspective of Competitive Neutrality

竞争中立规则正逐渐从国内政策向国际规则演进。在国际形势纷繁复杂的背景下,经济实力不断增长的新兴经济体同老牌经济强国之间关于制度掌控权的博弈也在逐渐增多,竞争中立规则发展日益迅猛可以说是深层次博弈的表象所在。竞争中立规则影响力之广泛,不但涵盖了传统领域的贸易、投资,而且也将会对我国乃至世界经济产生深远影响。我国应从自身国情出发,加强竞争中立规则立法,完善制度体系,落实公平竞争审查制度,规范政府补贴行为,加大国有企业改革力度,实行分类监管。此外在国际经贸规则的制定上,要积极参与,争取更大的规则主动权,从而营造一个公平有序的竞争发展环境,进一步提升我国国有企业的发展力、创造力、竞争力,从而推动我国经济发展进入新的阶段。

Competitive neutrality rules are gradually evolving from domestic policies to international rules.In the context of the complex international situation,the game of institutional control between the emerging economies with growing economic strength and the established economic powers is also gradually increasing.The increasingly rapid development of competitive neutrality rules can be regarded as the manifestation of the deep-seated game.Its wide influence not only covers the trade and investment in the traditional fields,but also has a profound impact on the economy of China and even the world.Under the current situation of the rapid development of competitive neutrality rules,blind obedience is never desirable,and initiative should be obtained.In view of national conditions of China,legislation on competitive neutrality rules should be strengthened,the institutional system should be improved,a fair competition review system should be implemented,government subsidies should be regulated,reform of state-owned enterprises should be intensified,and classified supervision should be put into effect.In addition,China should take an active part in the formulation of international economic and trade rules,and strive for greater initiative in rules to build a fair and orderly environment for competition and development,and further enhance the development ability,creativity and competitiveness of China′s state-owned enterprises,so as to push China′s economic development into a new stage.